horak.
RECHTSANWÄLTE PARTNERSCHAFT MBB /
SPECIALIST LAWYERS / PATENT ATTORNEYS /

horak Rechtsanwälte – Vergaberecht

Public procurement for contracting authorities and bidders

Technical procurement and industry knowledge

Technical projects require procurement rules, performance requirements and contracts to fit together. Our work addresses the interfaces between legal assessment and the technical facts supplied by the project team.

Define the actual need

Distinguish essential performance, interoperability and safety requirements from a preference for an existing product. The technical team should explain restrictions with evidence. Legal review can then assess competition, equivalence, lots and the appropriate procedure.

Connect rights and performance

Software, machinery and infrastructure can involve intellectual property, maintenance, data, interfaces and future supplier changes. Address these in the specification and contract before award. Clear responsibility for technical validation remains important even where several legal disciplines contribute.

Four practical examples

The following scenarios are illustrative, not reports of actual client matters. The outcome depends on the documents and circumstances of the individual procurement.

Example 1: Medical technology

A hospital has limited installation space. It examines which dimensions are necessary rather than copying a preferred device’s data sheet.

Example 2: Energy infrastructure

An operator needs compatible components. It tests interoperability requirements and equivalent solutions.

Example 3: Software rights

A buyer commissions an application. Source access, use rights and maintenance are addressed to avoid unintended dependence.

Example 4: Building automation

A project combines construction and control technology. Technical interfaces and the legal justification for bundling are assessed separately.

Related topics

IT and cloud procurement in Germany · AI in procurement and purchasing AI systems · Public works procurement under the VOB/A · Procurement of architectural and engineering services

Discuss your procurement

For a review, please identify the authority, contract or lot, current procedural stage and any deadline. We can then clarify the scope of the requested work. Contact our team. An enquiry does not itself create a retainer or preserve a legal deadline.

Updated 13 November 2026. Illustrative guidance on German and EU procurement law.

Deutsche Fassung

Scroll to top